OAR 603-025-0235
Farm Direct Marketer Exemption
(1)
Agricultural products sold by farm direct marketers that are exempt from the licensing requirements in Section (3) are limited to:(a)
Fruits, vegetables, edible flowers and herbs that are:(A)
Fresh; or(B)
Cured or dried by the agricultural producer as part of routine post-harvest handling.(b)
Dried or cured fruits, vegetables, edible flowers and herbs for which drying or curing is not part of routine post-harvest handling, if:(A)
All principal ingredients are grown by the agricultural producer; and(B)
The product is labeled with a list of ingredients and the name and address of the agricultural producer that produced the ingredients.(c)
Shelled nuts and unshelled nuts cured or dried by an agricultural producer as part of routine post-harvest handling;(d)
Shell eggs;(e)
Honey, only when not combined with other ingredients;(f)
Olive oil;(h)
Parched or roasted grains, if of a type customarily cooked before eating;(i)
Popcorn, nuts, peppers and corn on the cob, if those items are:(A)
Roasted at the place of purchase,(B)
By a farm direct marketer,(C)
After purchase, and(D)
Not sold for immediate consumption.(2)
Producer-processed products sold by farm direct marketers that are exempt from the licensing requirements in Section (3) are limited to:(a)
Fruit-based syrups, fruit in syrup, preserves, jams, jellies, processed fruits and processed vegetables that meet all of the following conditions:(A)
They are producer-processed products;(B)
They are acidic foods;(i)
Products having a naturally occurring equilibrium pH of 4.6 or below will be processed in a clean, healthful and sanitary manner;(ii)
Products having been lacto-fermented to decrease the equilibrium pH of the food to 4.6 or below will be processed in a clean, healthful and sanitary manner;(iii)
Products having a water activity (aw) greater than 0.85 and having been acidified to decrease the equilibrium pH of the food to 4.6 or below will be processed in a clean, healthful and sanitary manner using:(I)
A published process and product formulation that has been approved by a recognized process authority. Examples of published processes and product formulations that have been approved by a recognized process authority can be found in:(I)
Intentionally left blank —Ed.(a)
United States Department of Agriculture Complete Guide to Home Canning, 2009 Revision;(I)
Intentionally left blank —Ed.(b)
Pacific Northwest Extension publications. The Pacific Northwest Extension publications are produced cooperatively by Oregon State University, Washington State University, and the University of Idaho; or(I)
Intentionally left blank —Ed.(c)
So Easy to Preserve, 5th Edition, which is offered by the University of Georgia Cooperative Extension.(II)
Any process and product formulation that has been submitted to, and approved by a recognized process authority. A recognized process authority may be contacted through the Oregon State University, Department of Food Science and Technology Extension Service.(C)
They are labeled with:(i)
A product identity;(ii)
Net weight;(iii)
An ingredient statement that also includes properly declared major food allergens; and(iv)
The name and address of the agricultural producer that produced the principal ingredients and processed the product.(D)
During the preceding calendar year, had annual sales of producer-processed products that in total did not exceed $20,000.(i)
Bottling, packaging and canning supplies will be made from food grade materials.(ii)
Ingredients other than the principal ingredients are limited to herbs, spices, salt, vinegar, pectin, lemon or lime juice, honey and sugar, and will be:(I)
From an approved source; or(II)
Farmed or produced by the agricultural producer.(b)
Producer-processed products that are exempt from licensure do not include any raw juices.(3)
The provisions of ORS 585.010 to 585.220 (Agricultural Marketing and Warehousing) and ORS 616.695 (Definitions for ORS 616.695 to 616.755) to 616.755 (Securing information from health officers) (Sanitary Regulations for Food and Food Establishments) do not apply to the following:(a)
A farm direct marketer;(b)
A consigning agricultural producer; and(c)
The location(s) used by a farm direct marketer or a consigning agricultural producer to prepare, store, sell, expose for sale, or offer for sale the farm direct marketer’s own or consigned agricultural products identified in Sections (1) and (2).(4)
The farm direct marketer exemptions provided in Section (3) may be revoked by the Department when it determines that:(a)
The location used by a farm direct marketer is not maintained in a clean, healthful and sanitary condition, or(b)
A farm direct marketer failed to ensure the condition and safety of the food it processed for direct sale.
Source:
Rule 603-025-0235 — Farm Direct Marketer Exemption, https://secure.sos.state.or.us/oard/view.action?ruleNumber=603-025-0235.